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Madras High CourtCRL OP(MD)/690/2017granted

M. Chelliah v. The Inspector Of Police

2017-01-25Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.690 of 2017 1 M.CHELLIAH 2 P.SURULIRAJAN 3 A.S.RAJAMANI SURULI ALIAS MANI, 4 S.SANGEETHA 5 M.INDRANI ALIAS INDRA 6 S.SIVAKAMI 7 S.PANDIARAJAN ALIAS PANDI 8 GANGADEVI ALIAS GENKAMMAL 9 RAMAKRISHNAN ALIAS RAMU .. PETITIONERS / ACCUSED NOS.1TO9 Vs THE INSPECTOR OF POLICE BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT, CR NO. 437 OF 2016 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.SATHYA CHIDHAMBARAM Advocate For Respondent : MR.P.KANDASAMY Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 9, in Crime No.437 of 2016 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 447, 294(b), 336 & 506 (ii) of IPC and hence, seek anticipatory bail.

2. The learned counsel for the petitioners state that totally there are 9 accused in this case, who are the petitioners herein. The defacto complainant and the petitioners are neighbours. Due to the civil dispute in respect of compound Wall between the petitioners and the defacto complainant, the defacto complainant has given a false complaint roping the petitioners in this case. The case was registered as per the order of this Court in Crl.O.P(MD).No.22527 of 2016.

He further states that the petitioners 1 to 3 are the Senior Citizens, 6th petitioner is residing at Shenkottah and the third petitioner is residing at Madurai.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate(Crl. Side) appearing for the respondent states that totally there are 9 accused in this case and

there is a civil dispute in respect of construction of compound Wall and no one sustained injury in the alleged occurrence. The case was registered as per the order of this Court in Crl.O.P.(MD)No.22527 of 2016.

4.Considering the facts and circumstances of the case and also considering the fact that no-body is injured in the alleged occurrence, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Nilakottai and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners Nos.1 to 3 shall appear before the respondent police as and when required for interrogation and the petitioners 4 to 9 shall appear before the respondent police weekly once I.e., on every Sunday at 10.30 a.m., for a period of 8 weeks and thereafter, as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 25/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AM TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL 3 THE INSPECTOR OF POLICE,BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.S.SATHYA CHIDHAMBARAM Advocate SR.No.4657 GJM/RR/BS/SAR-2-31.1.17-2P-6C

ORDER

IN CRL OP(MD) No.690 of 2017 Date :25/01/2017 https://hcservices.ecourts.gov.in/hcservices/